Role-induced bias in criminal prosecutions
Nicole Egli Anthonioz, Mark Schweizer, Joëlle Vuille & André Kuhn
| Résumé |
There are two main models of criminal prosecution in the western
world. One tasks an independent magistrate (the examining judge)
with the duty of conducting the investigation of a given case and
transferring all evidence collected to the parties and the trial
court. The other vests the prosecution with the task of conducting
the investigation before representing the accusation in court. In
2011, a new code of criminal procedure entered into force in
Switzerland, forcing most Swiss cantons to transition from the
first model to the second. We investigate whether the change in the
person conducting the investigation (from examining judge to
prosecutor) could introduce or exacerbate bias against or in favor
of the defendant. Through an empirical study carried out with
students, we tried to determine whether this change might affect
the fairness of the proceedings. We contend that the rights of the
defense are better safeguarded in the first model than in the
second, even if the contrast is not as stark as was initially
predicted. |
| Mots-clés |
Criminal procedure examining judge fair trial prosecutor rights of the defense wrongful convictions |
| Citation | Egli Anthonioz Nicole et al., Role-induced bias in criminal prosecutions, European Journal of Criminlogy, vol. 16, no 4, 2018, p. 452-465. |
| Type | Article de périodique (Anglais) |
| Date de publication | 14-5-2018 |
| Nom du périodique | European Journal of Criminlogy |
| Volume | 16 |
| Numéro | 4 |
| Pages | 452-465 |
| URL | https://doi.org/10.1177/1477370818772772 |
| Liée au projet | Role-induced bias in criminal prosecutions in Switzerland |